When You Can File a Personal Injury Claim Instead of Workers' Comp

Posted By Todd Miner Law || Oct 29, 2018

In terms of physical injuries, work-related injuries are no different from
those a person can suffer when they’re not on the clock. However,
there are significant differences in how injured victims may go about
recovering compensation for those losses – specifically when it
comes to pursuing benefits through workers’ compensation or filing
a personal injury claim to recover damages.

At Todd Miner Law, we receive many calls from victims with questions about
their rights following job-related injuries. Often, their confusion as
to which pathway they should pursue stems from a common belief that all
work injuries are handled through an employer’s workers’ compensation
insurance, as well as a lack of familiarity with the types of situations
that may entitle them to a recovery of damages via a personal injury claim
or lawsuit. To help clear up the confusion, our attorneys discuss when
injured workers may have the right to sue for damages outside of workers’ comp.

Workers’ Compensation vs. Personal Injury Lawsuits

To best understand your rights and options after a work injury, it’s
important to know how workers’ compensation and personal injury
cases work.

Workers’ Compensation – Workers’ compensation is a form of insurance most employers
are required by law to carry. It can provide workers who suffer job-related
injuries with needed benefits, including medical benefits, wage supplementation,
and vocational rehabilitation. Workers’ comp is distinct from personal
injury in that it is a form of no-fault insurance. This means workers
are entitled to benefits no matter who caused their accident and injury,
and even so if they caused their own injuries. Pursuing benefits through
workers’ compensation generally means an injured worker relinquishes
their right to sue their employer for negligence.

Personal Injury – Personal injury lawsuits are civil legal actions which claim that
another party is at fault for causing injury, and that they should be
held liable for resulting damages suffered by victims. As such, victims
must prove a few essential elements, including the existence of a legal
duty between the defendant and the victim (i.e. a duty to take reasonable
steps to prevent injury), and that the defendant’s failure to uphold
this duty (i.e. because they were negligent) more likely than not caused
the injury. While personal injury lawsuits require victims to prove their
claims, they can provide a broader scope of damages than what are not
available through workers’ compensation, including non-economic
damages like pain and suffering.

When You Can Pursue a Personal Injury Case After a Work Injury

While many injured workers obtain benefits through their employer’s
workers’ comp insurance, there are a few situations where they may
have the right to pursue a personal injury case. These commonly include:

Third party liability – Third party personal injury lawsuits are the most common ways
injured workers pursue compensation outside of workers’ comp. This
may be an option when workers suffer harm as a result of the negligence
of a third party, meaning a party who is NOT their employer. Examples
may include
construction accidents caused by a contractor on a worksite, or
car accidents caused by a third party driver of a motor vehicle.

Product liability – When workers suffer injuries as a result of a defective or unsafe
product, they may have the right to pursue a
product liability lawsuit against the manufacturer. This can include injuries caused by
defectively designed, manufactured, or marketed tools, machines, and equipment,
and other defective products.

Toxic Substances – Not all work injuries involve traumatic injuries. Some may involve
illnesses or other physical harm caused by exposure to a toxic substance.
In these cases, workers may have the ability to seek compensation from
the manufacturer which made the toxic substance available to the public.

Premises liability ­– When workers suffer preventable injuries while performing job duties
on worksites owned by a third party, they may be able to pursue compensation
from the property owner. Under
premises liability laws, property owners have an obligation to ensure the safety of their
premises, and address any potential hazards that pose risks to visitors
and guests.

Suing an employer – There are limited circumstances for injured workers to sue an
employer. One situation may include cases where employers intentionally
harm an employer, which means they took some action with the direct and
specific intent to injure the victim. Injured workers may also have the
right to sue an employer for damages when their employer did not carry
workers’ comp insurance. Because most employers are required by
law to carry workers’ comp insurance, however, this is only possible
when an employer has broken the law.

Because the unique facts and circumstances of your accident have a tremendous
impact on what your available options may be, a thorough evaluation is
vital. At Todd Miner Law, our Orlando personal injury lawyers are available
to review your work injury case, explain your rights and options, and
discuss how we may be able to help you seek compensation outside of workers’
comp. To request a FREE consultation,
contact us today.